الفهرس | يوجد فقط 14 صفحة متاحة للعرض العام |
المستخلص Arbitration has become an urgent necessity in recent years because it is closely linked to development, investment and trade processes, whether at the national or international level, and for this it cannot be dispensed with, especially in light of modern contracts related to mega constructions, as it is indispensable in investment contracts and trade exchange between countries. Consequently, the more disputes, the greater the resort to arbitration . The popularity of arbitration comes due to its advantages that are less likely to be found in the ordinary judiciary that is burdened with procedures and the large number of expenses. Moreover, the arbitration system provides advantages for contractors from different countries because it avoids them the problem of lack of knowledge of the substantive and procedural rules in foreign law, and the confidentiality that it achieves for the parties. Their activities, in addition to many other benefits. The jurisprudential definitions of arbitration have varied, and its best definition is that arbitration is a legal system whereby a binding judgment in a legal dispute between two or more parties is settled by a person or persons from others who derive their mission from the agreement of the parties to the dispute. Or as the Supreme Constitutional Court defined it as: “The presentation of a specific dispute between two parties to a third-party arbitrator appointed by their choice, or with their authorization, or in light of conditions that they specify, so that this arbitrator shall decide on that dispute by a decisive decision in the aspects of the dispute that the two parties referred to him, after he makes Each of them views in detail through the main litigation guarantees ” |